[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Notices]
[Pages 19395-19396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09290]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2018-0014]


Application From the State of California To Participate in the 
Surface Transportation Project Delivery Program for Certain Railroad 
Projects

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (USDOT).

ACTION: Notice of receipt of application and request for comments.

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SUMMARY: This notice announces that FRA has received and reviewed an 
application from the State of California (State) acting through its 
California State Transportation Agency (CalSTA) and California High-
Speed Rail Authority (Authority) requesting participation in the 
Surface Transportation Project Delivery Program (Program). Under the 
Program, FRA may assign, and the State may assume, responsibilities 
under the National Environmental Policy Act of 1969 (NEPA), and all or 
part of FRA's responsibilities for environmental review, consultation, 
or other actions required under Federal environmental laws with respect 
to one or more railroad projects within the State. FRA invites the 
public to comment on the State's request, including its application and 
the draft Memorandum of Understanding (MOU), which outlines how the 
State would implement the Program, with FRA oversight. The State's 
application and the draft MOU are available for public inspection in 
the docket. FRA will use the public comments to inform its decision on 
whether to approve or deny the State's application.

DATES: Please submit comments by June 1, 2018.

ADDRESSES: You may submit comments, identified by Docket Number FRA-
2018-0014, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments;
     Mail: Docket Management Facility; U.S. DOT, 1200 New 
Jersey Ave. SE, W12-140, Washington, DC 20590;
     Hand Delivery: The Docket Management Facility is located 
in Room W12-140, West Building Ground Floor, U.S. DOT, 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays; or
     Fax: 202-493-2251.
    Instructions: You must include the agency name and docket number at 
the beginning of your comments. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Stephanie Perez, Environmental 
Protection Specialist, Office of Program Delivery, Federal Railroad 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, 
telephone: (202) 493-0388, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    An electronic copy of this notice may be downloaded from the 
Federal Register's home page at http://www.archives.gov/federal-register. An electronic version of the application materials and 
proposed MOU may be downloaded by accessing the USDOT docket, as 
described above, at http://www.regulations.gov/.

Privacy Act Statement

    Anyone can search the electronic form of all comments received into 
any of DOT's dockets by the name of the individual submitting the 
comment (or signing the comment, if submitted on behalf of an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477), or you may visit https://www.regulations.gov/privacyNotice.

Background

    Section 327 of title 23, United States Code (23 U.S.C. 327), allows 
the Secretary of the U.S. Department of Transportation (Secretary) to 
assign, and a State to assume, responsibility for all or part of the 
Secretary's responsibilities for environmental review, consultation, or 
other actions required under NEPA (42 U.S.C. 4321 et seq.) and any 
Federal environmental law with respect to one or more highway projects 
within the State, as well as one or more railroad, public 
transportation, and/or multimodal projects.\1\ The FRA is authorized to 
act on behalf of the Secretary with respect to these matters for 
railroad projects.
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    \1\ The Secretary may not assign its responsibility for making 
any conformity determination required under section 176 of the Clean 
Air Act.
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    Under the draft MOU, FRA would assign to the State, acting through 
CalSTA or the Authority, the responsibility for making decisions under 
NEPA for railroad projects proposed as part of the California High-
Speed Rail system, as further described in the State's application and 
the draft MOU, with the exception of the following:
    (1) Projects that cross state boundaries or that cross or are 
adjacent to international boundaries are excluded from the railroad 
projects for which FRA environmental review responsibilities are being 
assumed by the State. For purposes of the State's application and draft 
MOU, a project is considered ``adjacent to international boundaries'' 
if it requires the issuance of

[[Page 19396]]

a new, or modification of an existing, Presidential Permit by the U.S. 
Department of State.
    (2) As provided at 23 U.S.C. 327(a)(2)(D), any railroad project 
that is not assumed by the State as identified in the State's 
application and the draft MOU remains the responsibility of the FRA.
    Under the draft MOU, the State would also assume the responsibility 
to conduct the following environmental review, consultation, and other 
related activities for project delivery:

Environmental Review Process

 Efficient environmental reviews for project decisionmaking, 23 
U.S.C. 139
 Efficient environmental reviews, 49 U.S.C. 24201

Air Quality

 Clean Air Act (CAA), 42 U.S.C. 7401-7671q, except to the 
extent 23 U.S.C. 327 requires FRA to retain responsibility for 
conformity determinations

Noise

 Noise Control Act of 1972, 42 U.S.C. 4901-4918

Wildlife

 Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531-1544
 Marine Mammal Protection Act, 16 U.S.C. 1361-1423h
 Anadromous Fish Conservation Act, 16 U.S.C. 757a-757f
 Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d
 Migratory Bird Treaty Act, 16 U.S.C. 703-712
 Magnuson-Stevens Fishery Conservation and Management Act of 
1976, as amended, 16 U.S.C. 1801-1891d

Hazardous Materials Management

 Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675
 Superfund Amendments and Reauthorization Act (SARA), 42 U.S.C. 
9671-9675
 Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k

Historic and Cultural Resources

 National Historic Preservation Act of 1966, as amended, 54 
U.S.C. 306101, et seq., except to the extent 23 CFR part 773 requires 
FRA to retain responsibility for Government-to-Government consultation 
with Indian tribes
 Archeological Resources Protection Act, 16 U.S.C. 470aa-479mm
 Title 54, Chapter 3125--Preservation of Historical and 
Archeological Data, 54 U.S.C. 312501-312508
 Native American Graves Protection and Repatriation Act 
(NAGPRA), 25 U.S.C. 3001-3013; 18 U.S.C. 1170

Social and Economic Impacts

 American Indian Religious Freedom Act, 42 U.S.C. 1996
 Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209

Water Resources and Wetlands

 Clean Water Act, 33 U.S.C. 1251-1387 (Sections 401, 402, 404, 
408, and Section 319)
 Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-26
 Rivers and Harbors Act of 1899, 33 U.S.C. 403
 Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287
 Emergency Wetlands Resources Act, 16 U.S.C. 3901 and 3921
 Flood Disaster Protection Act, 42 U.S.C. 4001-4130
 General Bridge Act of 1946, 33 U.S.C. 525-533
 Coastal Barrier Resources Act, 16 U.S.C. 3501-3510
 Coastal Zone Management Act, 16 U.S.C. 1451-1466

Parklands and Other Special Land Uses

 49 U.S.C. 303 (Section 4(f))
 Land and Water Conservation Fund (LWCF) Act, 54 U.S.C. 200302-
200310

Executive Orders

 E.O. 11990, Protection of Wetlands
 E.O. 11988, Floodplain Management
 E.O. 12898, Federal Actions to Address Environmental Justice 
in Minority Populations and Low Income Populations
 E.O. 13112, Invasive Species
 E.O. 13807, Establishing Discipline and Accountability in the 
Environmental Review and Permitting Process for Infrastructure

    The draft MOU would allow the State to act in the place of FRA in 
carrying out the environmental review-related functions described 
above, except with respect to Government-to-Government consultations 
with Federally-recognized Indian tribes. The FRA would retain 
responsibility for conducting formal Government-to-Government 
consultation with Federally-recognized Indian tribes. The Authority 
would continue to handle routine consultations with the tribes and 
understands that a tribe has the right to direct consultation with the 
FRA upon request. The Authority would also be able to assist FRA with 
formal consultations, with consent of a tribe, but FRA would remain 
responsible for the consultation.
    In addition, the State would not assume FRA's responsibilities for 
conformity determinations required under Section 176 of the CAA (42 
U.S.C. 7506), or any responsibility under 23 U.S.C. 134 or 135, or 
under 49 U.S.C. 5303 or 5304.
    A copy of the State's application and draft MOU are in the USDOT 
docket or may be obtained by contacting FRA at the address provided 
above. A copy also may be viewed on the Authority's website at: http://www.hsr.ca.gov/Programs/Environmental_Planning/nepa_assignment.html.
    The FRA will consider all substantive comments submitted when 
making its decision on the State's request. Any final MOU approved by 
FRA may include changes based on comments and consultations and will be 
made publicly available.

    Authority:  23 U.S.C. 327; 42 U.S.C. 4331, 4332; 23 CFR 773.109-
111; 40 CFR 1507.3; and 49 CFR 264.101.

Jamie Rennert,
Director, Office of Program Delivery, Federal Railroad Administration.
[FR Doc. 2018-09290 Filed 5-1-18; 8:45 am]
 BILLING CODE 4910-06-P


